11
(d) subject to subsection (4), it contains information obtained by a public authority from a third party who has
consistently treated it as confidential and the disclosure of that information to a competitor of a third party,
would be likely to prejudice the lawful commercial or professional activities of the third party;
(e) its disclosure under this Act would be contrary to the public interest by reason that it would disclose
instructions issued to, or provided for the use or guidance of, officers of a public authority on the procedures to
be followed or the criteria to be applied in negotiation, including financial, commercial and labour negotiation,
in the execution of contracts, in the defence, prosecution and settlement of cases, and in similar activities
relating to the financial property or personal management and assessment interests of the State or of a public
authority.
(2) Subsections (2) (c) and (d) do not apply to the disclosure of information which (a) relates to the quality, suitability or safety of the goods or services supplied by the pubic authority if the
prejudice referred to in subsection (1)(c) or (d), as the case may be, would e likely to result from the exercise
of more informed choice by persons seeking to acquire those goods or services; or
(b) consists of the results of any investigation carried out by, or any information supplied to, the public
authority concerning a pubic safety hazard.
(3) For the purposes of subsection (2)(b), "public safety hazard" includes the hazard to the public associated
with any product which is offered for sale or otherwise available to the public, or with any substance which is
released into the environment or workplace or is present in food intended for human consumption, or with any
form of public transport, or with any installation or manufacturing process or substance used therein, and for
he purposes of this subsection "the public" includes persons in their place of work.
(4) A document referred to in subsection (1)(d) is not an exempt document if the third party has consented to
its disclosure to the applicant.
34. A document is an exempt document if there is in force a written law applying specifically to information of a
kind contained in the document and prohibiting persons referred to in the written law from disclosing
information of that king, whether the prohibition is absolute or is subject to exceptions or qualifications.
35. Notwithstanding any law to the contrary a public authority shall give access to an exempt document where
there is reasonable evidence that significant (a) abuse of authority or neglect in the performance of official duty;
(b) injustice to an individual;
(c) danger to the health or safety of an individual or of the public; or
(d) unauthorised use of public funds,
has or is likely to have occurred and if in the circumstances giving access to the document is justified in the
public interest having regard both to any benefit and to any damage that may arise from doing so.
PART V
MISCELLANEOUS
36. (1) Where a document (whether or not it is one to which access has been given under this Act) contains
personal information of an individual and that individual alleges that the information is inaccurate, the public
authority which holds the document may, on the application, in writing, of that individual, correct the
information.
(2) In subsection (1), "inaccurate" means incorrect, incomplete, misleading or not relevant to the purpose for
which the document is held.
(3) For the purpose of this section, information may be corrected by amending, supplementing or deleting it.
37. Notwithstanding any other provision of this Act, where a request is made for access to a document held by
the National Broadcasting Network, that company shall not be required to give access under this Act to any
part of the document which discloses the source of any information obtained in the course of making any
programme or broadcast.
38. (1) Where access to a document has been given in accordance with the requirements of this Act or in
good faith, in the belief that it was required to be given in accordance with this Act, unless malice is proved (a) no action for defamation, breach of confidence or infringement of copyright may be brought against the
public authority or against the responsible Minister, or an officer or employee of the public authority as a result
of the giving of access;
(b) no action for defamation or breach of confidence may be brought, in respect of any publication involved in
the giving of access by the public authority, against (I) any person who was the author of the document; or
(II) any person as a result of that person having supplied the document or the information contained in it to the
public authority;
(d) no person shall be guilty of an offence by reason only of having authorised, or having been involved in the
giving of the access.
(2) The giving of access to a document, including an exempt document, in consequence of a request shall not
be taken for the purposes of the law relating to defamation, breach of confidence or copyright, to constitute an
authorisation or approval of the publication of the document or its contents by the person to whom access is
given.
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